South Carolina General Assembly
114th Session, 2001-2002

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Bill 1001

Indicates Matter Stricken
Indicates New Matter

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Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 8, 2002

    S. 1001

Introduced by Senator Gregory

S. Printed 5/8/02--H.

Read the first time March 13, 2002.

            

THE COMMITTEE ON AGRICULTURE, NATURAL

RESOURCES AND ENVIRONMENTAL AFFAIRS

    To whom was referred a Bill (S. 1001) to amend Section 48-23-70, Code of Laws of South Carolina, 1976, relating to unauthorized cutting or removal of trees and destruction of property or scenic values, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass:

WILLIAM D. WITHERSPOON for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    Enactment of this bill would not result in an impact on the General Fund of the State or on federal and/or other funds. The fines collected by local courts for destruction of property on land owned by the Forestry Commission accrue to the county in which the court is located.

SPECIAL NOTES:

    Over the past two years, the amount of such fines collected throughout the state averaged $65,000 per year. The Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT, EXCEPT WHERE AUTHORIZED, IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES ON STATE COMMISSION OF FORESTRY LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 48-23-70 of the 1976 Code is amended to read:

    "Section 48-23-70.    Any person who:

(1) Without permission of the State Commission of Forestry, shall remove any shrub or tree, or attempt so to do, from any State forest;

(2) Shall cut or mutilate any shrub or tree growing in any State forest without such permission;

(3) Shall mutilate or deface any property, real or personal, upon any State forest; or

(4) Shall destroy scenic values, by dumping rubbish or in any other way whatsoever, within the confines of any State forest;

    Shall be guilty of a misdemeanor and, upon conviction shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days, within the discretion of the court. (A)    It is unlawful for a person to:

        (1)    remove a shrub, tree, or forest product or attempt to do so, from State Commission of Forestry land without the permission of the commission;

        (2)    cut or mutilate a shrub or tree growing on State Commission of Forestry land without the permission of the commission;

        (3)    mutilate or deface real or personal property belonging to or located upon State Commission of Forestry land;

        (4)    destroy scenic values, by dumping rubbish or in any other way whatsoever, within the confines of State Commission of Forestry lands; or

        (5)    consume or display an alcoholic beverage in public on lands of the State Commission of Forestry, except where specifically authorized by the commission. For purposes of this item, 'alcoholic beverage' means 'alcoholic beverage' as defined in Section 61-6-20, and beer, wine, and all other beverages defined as 'nonalcoholic beverages' in Section 61-4-10.

    (B)    A person who violates a provision of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or imprisonment for not more than thirty days, or both.

    (C)    In addition to the penalties provided in subsection (B), a person who is convicted of violating a provision of items (1) through (4) of subsection (A) must make restitution to the State Commission of Forestry in an amount determined by the sentencing court to be necessary to clean up, repair, rebuild, and restore the abused real and personal property of the State Commission of Forestry to its condition before the abuse occurred. The sentencing court must also set the time limits within which the restitution must be paid and retains jurisdiction of the case for the purpose of enforcing the order for restitution until restitution is made.

    (D)    A person who fails to pay the amount required within the time established for making restitution may be cited for contempt of court by the sentencing court and punished by a fine of not more than the amount originally required for restitution, or imprisonment for not more than six months, or both.

    (E)    A person who is convicted of violating a provision of subsection (A) twice within a three-year period is barred from entering lands belonging to the State Commission of Forestry for a period of one year. A person who enters State Commission of Forestry lands while barred is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days, or both, and his privilege to enter upon lands of the commission is automatically suspended for an additional year."

SECTION    2.    This act takes effect upon approval by the Governor.

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